HD45 - Report of the Subcommittee Studying the Impact of Judicial Decisions on Zoning Powers
Executive Summary: This study was occasioned by the allegation of many local officials that Virginia's courts no longer observe the presumption of legislative validity and the fairly debatable rule in zoning cases. The Subcommittee found that the courts continue to recognize and apply these principles. While local governments in the past frequently have failed to have their zoning actions upheld, the Subcommittee is reassured by recent decisions upholding local governing bodies in their actions and reiterating specifically the principles in questions. Thus there is no need for additional statutory language in this regard. The Subcommittee does recommend the amendment of two sections of the Code of Virginia, as follows: l. Amend § 15.1-489 to clarify that zoning ordinances should be designed to give reasonable consideration to each [emphasis added] of the purposes of zoning, as applicable to a particular case, 2. Amend § 15.1-490 to delete obsolete language no longer needed in view of the § 15.1-446.l requirement that all localities adopt a comprehensive plan by July I, 1980. |
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